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Agreement between Manufacturer and Selling Agent

This agreement is required when a manufacturer wishes to appoint exclusive selling agents for his products. COMPANY MANAGEMENT AGREEMENTS are internal documents of the company prepared mainly to protect business secrecy and interest of the company when they are sharing, receiving or providing certain types of services to others. There are different types of agreements entered into by the company either with other companies, government bodies, agencies, professionals or employees like maintenance agreements, agency agreements, employment agreements, consultancy agreement, Non Disclosure agreements etc… are mainly prepared for the internal use of the companies.

₹ 475.00

1

What is a Company?

Ans.

It is a voluntary association of persons formed for doing business. A company has a distinct name and limited liability.

2

What are the features of a company?

Ans.

1. Juristic person 
2. Has a separate legal entity 
3. Is capable of rights and duties of its own 
4. May have perpetual succession.

3

What are the basic laws regulating a company in India?

Ans.

Companies in India are governed by the Companies Act, 1956. Other acts also apply specifically. For example, companies have to also abide by the Income Tax Act, 1961, the Competition Act (As the replacing Act for M.R.T.P. Act), etc.

4

What are the fundamental documents to be filled for incorporation of a company?

Ans.

The following are the documents required to incorporate a company in India:
1. Memorandum of Association 
2. Article of Association
3. Prospectus or a Statement in lieu of Prospectus, as the case may be
4. Consent letters from the Directors of the company
5. Power of Attorney for the witnesses
6. A number of duly filled forms as required by the Ministry of Corporate Affairs

5

What is compulsory winding up/closure?

Ans.

Compulsory Winding up is when
1. Company passes a special resolution to that effect
2. It is a result of a statutory default
3. It is unable to pay its debts.
4. The Company law tribunal is of the opinion that the company should be wound up
5. The company has been defined as a ‘Sick Company’ beyond the scope of rehabilitation as defined under the SICA 
6. The company has acted against the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality.

6

What is voluntary winding up/closure?

Ans.

Voluntary winding up is by:
1. Passing an ordinary resolution in the general meeting if: - (i) the period fixed for the duration of the company by the articles has expired; or (ii) some event on the happening of which company is to be dissolved, has happened.
2. Passing a special resolution to wind up voluntarily for any reason whatsoever.

7

Is registration of a company’s documents compulsory?

Ans.

Yes, all the company’s documents are required to be registered with the Registrar of Companies.

8

Is stamp duty levied on a company’s documents?

Ans.

Yes. The Memorandum of Association attracts a fixed stamp duty. The stamp duty on Article of Association is paid on ad valorem basis on the authorized capital of the company. The Prospectus or Statement in lieu of Prospectus is exempted from stamp duty requirement. However, Companies incorporated under the Section 25 of the Companies Act, does not attract stamp duty on Memorandum of Association and Articles of Association.

 

 

 

STEP 1

Fill in blanks:

Fill in the blank spaces. Delete instructions highlighted in grey.

 

 

 

STEP 2

Alternations: 

Add or delete a clause according to your needs. Re-check the document.

 

 

 

STEP 3

Stamp Paper

The Stamp Duty value will be made available to you at your legaljini account on purchase of the document.

 

Stamp Duty Payment option 1

If you wish to print Agreement on Stamp Paper, you can buy from court/ Stamp office and said Stamp paper will be used as 1st page of Agreement. If you wish to have 2 copies of Agreement you should buy 2 Stamp Papers (one Stamp Paper for each copy)

 

Stamp Duty Payment option 2

If you have facility of franking for Stamp Duty payment at nearest bank, you need to print the Agreement & get franking done. If you wish to have 2 copies of Agreement you should frank 2 copies (one copy for each party)

 

 

 

STEP 4

Printing on Legal Paper:

 

 

On Stamp Paper

Print ONLY on the blank portion of the stamp paper.

 

On Ledger Paper

Print on a SINGLE SIDE of a sheet of Ledger Paper.

 

 

 

STEP 5

Number of Copies Needed:

Generally it is made two copies (one copy for each party)

 

 

 

STEP 6

Photographs & Signatures/ Thumb Impression & Initials:

The concerned parties should sign, or affix their mark and recent passport size photograph against their names on the last page of the document. This document must initialed or marked by the concerned parties at the end of every page. In addition or corrections/ alterations made after printing must be initialed.

 

 

 

STEP 7

Witness Attestation (Both Parties):

This document must be attested by at least two witnesses from both sides.

 

 

 

STEP 8

Registration/ Notary

Registration or Notary is mandatory for some documents. If you need clarification you may contact our Helpline at support@legaljini.com

 

Registration Mandatory

Please contact the nearest Sub Registrar office for registration of this document.

 

 

 

You Need to Know:

 

 

 

Please contact our Helpline if you have any difficulty.